When we talk about workplace disabilities our inclination is to think about people in wheelchairs, or the visually impaired – afflictions that are long-term and conspicuous.

Less obvious is depression, diabetes, heart disease, neck and back injuries, alcoholism, repetitive strain injuries or people recovering from traffic accidents. Yet all these cases fall into the broad definition of disability – an issue gaining relevance in today’s business world.

It’s a subject that poses moral, ethical and practical questions, but doesn’t always provide black-and-white answers.

For example, what happens to an employee who has traditionally been a workhorse and now can’t do his or her job? How does he feel about being placed in a lesser role that doesn’t fit his self-image, and worse, that he can’t do successfully? Further, what is a company’s duty to accommodate such employees? Or should they just be sent packing?

Mike Sturk, Business Edge
Kelly Williams has studied 72 arbitration cases to discover the best and worst corporate practices.

Kelly Williams has seen the good, the bad and the ugly side of the issue in her doctoral research at the University of Calgary.

She has studied 72 cases that have ended in arbitration in Alberta, British Columbia and Ontario where employees, with the help of union representatives, have sought accommodation from an employer.

“In some cases you just wonder if anything else could have been done,” says Williams. “It can be extremely complicated.”

Typically, the arbitration cases centre on bad backs and repetitive strain injuries, while psychological illnesses and diabetes are also prevalent.

Some cases are scams, but many are intriguing and poignant as employees face rejection from their employers, are treated with resentment by co-workers and are saddled with ensuing psychological problems.

Earlier this month, Williams was awarded a scholarship from the Canadian Human Resources Planners (Calgary chapter) to help fund her research. The U of C’s Haskayne School of Business matched the money.

The research has two streams. The first stream, now under way, is to interview and follow up with permanently and temporarily disabled people, their co-workers, bosses and family members.

The second stream is to find themes in the detailed arbitration cases over which Williams has pored. Her goal is to find the best and worst practices, and provide advice for the future benefit of all parties.

She believes the research is important because little attention has been paid to the duty to accommodate.

“But we’re an aging workforce, and let’s face it, our bodies are breaking down.”

To date, four strong themes have emerged from her study of the 72 arbitration cases. Here’s a synopsis:

* Complexity: Williams says many cases started out as temporary disabilities that became chronic problems. The employer had tried to accommodate the employee, but as the problem grew, the employer was at a loss as to what else could be done.

Complicating the issue are the people involved: the employer, the employee, the employee’s physician, company doctors, managers, insurers (WCB, private health-care insurance), physiotherapists and occupational therapists.

“Everybody has a little piece of the puzzle, but often we don’t get all of these people in the room to talk about it,” says Williams. And the person who tends to be left out of the process is the employee.

* Credibility: Some scams exist. But many times there are questions raised about the employee’s credibility because of his or her behaviour.

Those behaviours are often tied to the disability, says Williams. For example, an anxiety disorder will cause someone to act inconsistently. They may lie on the job, because that’s part of the illness.

* Emotional overlay: The boss may have been resisting an employee’s return. Or the employee may have to accept lesser roles, be “sandwiched” into a job that doesn’t fit the definition of who they are.

The arbitration cases show that this is a stressful situation where the employee’s levels of anxiety skyrocket. The employee exhibits behaviours that show depression and hinder the ability to be on the job.

* Deceptive Independence: People who have been achievers are put into a position beyond their ability. They keep accepting positions and keep failing. They won’t accept help, and soon their self-esteem is shattered.

While these four areas are prominent, another common thread is the attitude of co-workers.

“There clearly is resentment among co-workers. People want to know why this person is getting special treatment, the easy jobs.”

Unfortunately management does a lousy job of communicating the situation, she says. While confidentiality issues prevent managers from describing the employee’s medical situation, they can explain to staff what the employee is capable of doing.

“Co-workers don’t know that the posting may be temporary, that it is a human-rights requirement. And in cases where an employee is put into a new department, the workers have no idea who this employee is, or that he or she may have been a very good worker (previous to the disability).”

Williams expects the issue of workplace disabilities to grow, but she also hopes awareness and education will ease the problem. It only surfaced as an issue with the Canadian Charter of Rights and Freedoms in 1982, and Canada’s subsequent adoption of the principles set out in the Americans with Disabilities Act.

Today, under Alberta Human Rights legislation and the Charter, employers have a duty to accommodate a person to the point of undue hardship, regardless if the person is permanently or temporarily disabled.

Undue hardship is difficult to define and depends on variables including the size and financial ability of the employer.

According to Williams, recent research shows that an average accommodation costs less than $1,000.

It can be as simple as adding an ergonomically correct mouse and keyboard to the employee’s office. In other cases the costs may be significantly beyond the company’s capability.

Some disabled employees can’t be accommodated – and ideally, insurance plans, retraining programs and psychological counselling can help place the employee in a new career.

But often options don’t exist, which is a truly depressing thought.

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